London Borough of Ealing (25 004 272)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 01 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax enforcement because there is insufficient evidence of fault by the Council.
The complaint
- Ms X complains that the Council pursued Council tax arrears against her without proper notification.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that did not receive proper notification by the Council of the enforcement of a Council tax debt. As a result, the Council obtained a Liability Order against her with costs of £122.
- The Council has provided details to show that there were arrears at the time a second reminder letter was issued in September 2024. This was followed by a Final Notice in October 2024, summons in December 2024 and a Liability Order in February 2025.
- Ms X says that she did not receive these notifications and so the summons cost was unreasonable.
- Ms X could have asked for the Liability Order to be set aside on the grounds that she had not been properly notified. Nevertheless, the Council’s records show computer generated letters and so it would not be possible for the Ombudsman to prove that letters were not received by Ms X.
- In the absence of evidence of fault by the Council, the Ombudsman would not investigate this matter further.
Final decision
- We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman